Legal Question in Family Law in New Mexico
If you and the father are cohabiting and unwed during a custody battle, who does it affect? And how? Or does the court even look at that?
(I do own my own home, and he owns his own home)
We are trying to work things out, but don't want to stop the court case in case we do break up. We feel like if a court order for visitation and/or child support is in order, we would both be protected in case of a bad break up. The court date we are waiting for is for visitation and child support.
1 Answer from Attorneys
It's a fact the court will consider. I can only guess how a judge will react, probably just give you joint custody and tell you to come back for a new parenting plan if you split up. I guess it's possible the judge could give you a contingent custody plan but it doesn't seem likely to me. The court generally needs to deal with facts, not speculation,
Why don't you do the kid a favor and get married? If you're worried about your property and such you can do a premarital agreement to protect yourselves.
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